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  • nish
    06-12 05:27 PM

    I am currently working in Skilled visa through one of MNC company.I am working for this company for last 4 years and prior to this company i worked in another small company for two years.When I join my current company i provided all the legal document like exp,last two month pay stub and releiving letter and they did BG . They did not find anything wrong with prior employer in last 4 year. recently they found something wrong about my prior employer and asking me providing additional document and unfortunately company is closed or rename. I have told my current employer that i don't have any more evidance of my prior employer.Because of this reason they are asking me to come back india.

    Is there any way that i can take legal action against this company in US because from last one week
    they are harrassing my like anything.

    Please let me know if anyone come across in this situation.

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  • gcForV
    07-10 09:21 PM
    Good coverage:

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  • 485Mbe4001
    08-20 07:52 PM
    I am guessing that we are on our own on this, it will be an unnecessary headache for them. if they go ahead with any movement on this issue EB 2's will get pissed off, if they dont respond positively then the EB3's will react negatively

    We can try on own by posting your question on the website of different immigration lawyers, who knows, they might have an opinion or can suggest a direction.

    Not excatly. eb3_2004 has posted the link of INA. You will find more interesting things if you read through it.

    Non-descrimination rule is clearly spelled out in Section 202 (a). I assume this rule should be generally applied to all applicants, no matter which categories they are falling, unless other rules specifically provided in paragraph (2) and in sections 101(a)(27) , 201(b)(2)(A)(i) , and 203.

    INA does not say to spillover unused visas first to EB2 then EB3. I assume USCIS and Department of State should treat each EB applicants equally (based on their priority dates, not based on EB categories) in according to INA act.

    It is likely the misinterpretation violates the law. We need some one which more professional knowledge to read through it. Can some core member help?

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  • paskal
    01-27 08:42 PM
    Just a couple of comments about Heathrow. The mainland of Britain was plagued with the IRA bombing it periodically for decades which forced them to be diligent about security long before the USA knew what terrorism was. Being security conscious has become a way of life on that little island in the North Sea. Just try finding a garbage can on a railway station platform? There are none so the IRA could not plant bombs in them.

    Now about the staff at Heathrow. Surely anyone with eyes that work can see most of them are not British at all but immigrants of some variety or another. A true Brit is a very friendly individual. The invasion of their island during the past fifty years has changed the face of the entire community, not all for the better that is for certain.

    And finally, transit visas etc. If they are needed and that is the rule and you cannot find a different route then it is something that has be lived with. The US had them and still has them for certain nationalities, the UK is certainly not on its own. I have been living in the US for almost a decade now and have been stung by their immigration rules as all of the contributors to this forum probably have but we chose to come here so have to put up with the system.

    We all have choices so if you do not want to get transit visas just choose a route that precludes the need for one. Ten pages bad mouthing the UK is not helping anyone it is just antagonizing those of us who originated there.

    Just because the majority of immigration voice are Indian it is certainly not all and I think that gets missed on so many occasions. We are in the midst of the US immigration system together, or so I thought.

    Every country has its own rules, some will be in our favor some will not but if we choose to go there we have to live by them. It is entirely NOT appropriate to expect countries we visit to bow to us on any level!!!!!!!

    i do not know why there is any bad mouthing of the English frankly...this has nothing to do with the people or even the city in question. my only visit to London was wonderful, i would happily visit again. i would though avoid transiting through Heathrow for reasons i explained. this is a govt policy- right or wrong and finding historical/colonial reasons is silly. it has a lot do with visa overstays as well, as was discussed earlier.

    just to clarify the issue itself though- and trying to keep it to the narrow focus- the direct airside transit visa is literally a run about created to check people that get off a plane at one gate and climb another plane at another gate- in some cases even the same plane! i do hope our british friends at least realise that it is a major pain to obtain visas to be able to do this- and it's not some kind of anti UK stand to avoid flying through LON (and other such airports) that enforce this. in the end it does create some bad feeling- i wish that were not true- but perceptions are fickle things. it's too bad though that everything seems to become about some wounded national pride or historical wrong or suchlike. wish we could all grow up :-)

    btw, since we have some engaged brits it worth the money to take the chunnel between paris and london? anyone done it? what's the best way to find cheap flights in europe? local insight would be much appreciated!!
    as you can see i'm looking forward to london again ;)


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  • k_usa
    06-26 08:18 AM
    Where do we need to send the 485 application ?

    My 140 is approved from TSC. Do i need to send my application to TSC again?

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  • caliguy
    10-26 07:50 PM
    13 years since I landed in this country.....finally, I got the approval email 15 minutes back. I am not sure how to express my feelings (or lack thereof).

    I want to thank the following guys from the botton of my heart.
    1) KubMilegaGC - who gave me support in September or was around for sometime in October to check on my status
    2) SeekerOfPeace, KewlChap and fatjoe - for all the valuable information they have provided. Thank you so much guys!!

    I did the following:
    1) Took around 10 Infopass appointments, with the last one being today morning at 9 AM PST. IO told me that my case was under review since July 2009.
    2) Attorney reached out to AILA liaison
    3) Sent DHS-7001 to CIS Ombudsman
    4) Letter requesting USCIS secretary Napolatino to inquire about the delay in my case
    5) Letter to first lady last weekend requesting to inquire about the delay in my case
    6) Several inquiries were made by Congresswoman on my behalf
    7) Inquiry was made on my behalf by the senator
    8) Opened several SRs - I think around 6 or 7

    As a result, I now have around 30 different responses from USCIS/DHS. Looking at each response, it makes me believe that they have not even cared to look at my case and have just pulled out a response from a standard set of responses.

    I believe what really helped me is a phone call using the POJ method to TSC. I was fortunate to get a hold of a very nice and polite IO. IO walked me through the entire process and to my utter disbelief told me that my case was still sitting in the storage area and collecting dust (this was 2 weeks back). While I was on the phone, the IO sent a request to the folks in the storage area to pull my file out. Luckily for me, the file was in one of the storage areas in Texas itself. Once the file was at the Texas service center, it sat in the holding area for almost a week . It seems like the officer picked up my file sometime at the end of last week or earlier this morning.

    Edit to the post: In hindsight, I think the delay in my case was because I had 4 I-140s (2 from RIR labor and 2 from PERM, one each for EB2 and EB3). I think whenever the IOs looked at my file, they thought that my case was not current. The IO I talked to specifically put in a note for the IO to look at the EB2 140 (June 2004) and not the EB3 I-140 (June 2004) or the I-140s that I have from July 2005. I dont know what to tell my attorney, not sure why they had to file 140s in EB3 for me.

    Once again, thanks to everyone who has supported me to get through this painful process. Last 60 days (since September 1st) have been very painful for me.

    Good luck to all EB2 who are still waiting and to all the EB3 folks, I hope you guys become current soon and get your GCs - I really really admire your patience.

    Keep the faith.....


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  • fatjoe
    10-22 04:12 PM
    Mine is at TSC. PD: July 04. RD: Aug 17, 2007. ND: Oct 15, 2007. What is your RD and ND?
    I have a feeling that the IO might look at the applications received on Aug 17, 2007, only at last. Its because, when I went for infopass, the IO said that, "You have filed on the last date, so you will have to wait".
    Anyhow, I have tried all that I could, and now I leave it to the Almighty.

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  • SunnySurya
    08-07 02:56 PM
    PD porting is another labor sub in making. I hope I have presented my case logically to show who all are the people who are in position to be benefitted by this rule. Of course there will be some genuine cases too but on other hand think about the people in Eb2 line that will be severely affected.

    See, that's the reason I think the lawsuit idea has issues. I suspect the lawsuit may end up making life difficult for a lot of genuine cases without actually achieving what you set out to achieve.

    But I have no data one way or the other.


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  • BharatPremi
    03-26 10:32 AM
    I agree we might not always have hard evidence unlike the OP here. And lot of employers might be doing this. I have never faced this, yet. However, we have to act on it. The first step is to complain to the govt. Maybe if there are lot of complaints, govt will investigate and find the dirt, and fix it.

    Another idea is to bring it to the attention of the job boards that discriminatory ads should not be posted. Lets give this a try.

    To those effected, write to the govt if you are in a situation where you can.

    Right but the here problem is that how to come up with written evidence of discrimination? These jerks do not send you an email "Hey, we do not consider EAD". Their pattern is generally as under.

    You get an first email for their interest as your resume matches teh job
    description and they want you to spit out everything in your reply
    Say you have written " Authorized to work for Any employer in USA" for
    work status, they do not communicate to have you spitted out specifics.
    They call you. If you do not spit out, they would not go ahead. If you spit
    out "EAD" smart ones do not even talk further and you find all
    communication stopped. Now this is my own experience. Tell me how can
    I convert this into "evidence of discrimination". Even if I have tape
    recorded conversation, that guy did not utter any single word after I
    spitted out "EAD"

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  • cbpds
    08-27 08:31 PM
    I think Vonage will offer this free International calling for few months till it meets its target of new subscribers and then start charging per minute later on or in an indirect manner.
    Once the new charges come into force the happy subscribers will not be able to cancel the service immediately due to cancellation charges and moreover since all other providers will be more of the same, Vonage wud then retain most of the customers

    what say thou?

    Remember you are talking about INDIA which is not US. you need broadband connection and Electricity for VOIP and you know the availability and reliability of both in INDIA.


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  • addsf345
    12-11 01:38 PM
    I am logging in after sometime due to work, Is this action item still Active ?

    I would still suggest to go ahead and do below three steps.

    1. Click on links provided in first post by OP to download & print 4 letters and mail them as instructed.
    2. Send an email to ombudsman
    3. update everyone else on this forum & poll

    Much appreciate your help. Together we can win. Thanks you!

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  • ncrtpMay2004
    08-07 07:47 AM
    Best of Luck.

    Before you file the law suit consider this,

    The system is designed to get GC faster to the smarter (EB1, EB2, EB3 etc) or the rich (Investor). Sometimes circumstances decide in which queue you start the journey, Employer, attorney, how many days left in h1b etc, etc, etc

    I do not like to jump queues and resent people who jump queues. But these are the people who look for opportunities and exploit them. These are the smart ones.

    System favors people who are skilled (higher the better), By finding (new Labor, new I140) and using an opportunity these people have proved that they are worthy of the faster queue (eb3 to eb2, eb2 to eb1 etc).

    What is wrong in rewarding the hardworking smart person with the original PD. After all that PD was established for that person(thank god LC sub is gone). That is the day an employer decided to sponsor GC for that person.

    I know you are asking
    �What about me, I was working hard in the University (MS/PhD)?�
    Your reward is you get to start the journey in EB2, 1 year+ in EAD and 6 years in H1. If you are really smart you would have got your employer to apply for GC with at least 5 years left on your H1 clock.

    The system is designed to create conflict.

    Having to exit the freeway to change lanes does not make sense to me.


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  • ilwaiting
    06-29 06:16 PM
    Man this is Federal government dude and more over part of DHS. This is not a privately owned corrupted company where they can dick around with people.

    This is nothing new, things like this happen in almost all parts of the world. Remember Enron, one fine morning thousands of people found that their life savings or retirment savings got wiped out clean with nothing to fall back on. Same could be said of about a lot of dot com millionaires. Life is very very unfair, what other explanation do we have other than that.

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  • shreekhand
    10-06 01:34 PM
    I hope your wife is recovering and feeling better now. Also best wishes that you get your GC quickly after all the effort that you have put in :)

    Interesting that your handle is seekerofpeace. I hope you are at peace in any fight for justice.

    Communist/progressive leaning organizations such as ASHA and AID are fighting, doing activism, struggling and all doing all that, with a subconscious unhealthy feverishness in the mind. The long term result of their noble goals tends not to promote peace but a latent violence (does not have to be manifest violence).

    It is possible to bring justice with inner peace but at the same time steadfast determination.

    I am writing not directing to SOP who I wish only the best, but to bring about these subtle points.


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  • gdilla
    05-23 11:30 AM
    Canadian EB3, just became current. Company lawyer preffers I-485 vs Consular Processing (CP) because it's "safer". Does anyone have experience with Canadian CP? How fast is it? Is it a hassle or is it straightforward?

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  • arunkotte
    07-12 11:45 AM
    And we at Human Flower Project suggest adding: �By the way, don�t route these flowers to Walter Reed. White flowers like these are associated with mourning and are inappropriate for people convalescing.�


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  • ssa
    11-25 12:44 PM
    And to think just sometime back we had an action item to send mails saying "Give us GCs and we will buy houses and help the economy"! What a joke!! For all the labels of highly skilled/highly educated etc. that we shower ourselves with we are no better than those idiots and irresponsible people who bought houses far beyond what they can afford and ran away putting their keys in mailboxes when going got tough.

    To the original poster: You asked an advise on an open forum. You asked a favor. You can't dictate terms like just tell me options and not your opinion etc.when you ask a favor. You don't like what people have to say about you, don't ask them for help. That's the way it works. Other people have every right to be upset with you as if and when you foreclose you will be asking taxpayers - and that's us - to foot your bill.

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  • CADude
    09-20 01:29 PM
    Hope everything will turn out good for you. I don't know faith of our applications.

    I�m July 2nd filer application reached to NSC at 9.1 am and signed by R Mickle
    Till date my checks have not been cashed. When I Called service center yesterday they gave me Receipt Number for I-485 (LINXXXXXX) but again she told me that�s its Invalid then she put me on hold and checked something then see verified my address, Social security number also My Attorney�s Name and address. After confirming this information she told me Receipt Number of I-485 is yours but its Void in our system let me check it online and online it shows case received and pending.
    Now she said its weird its showing Valid in online system and in our internal system its Invalid. Then she asked me did you file 131 and 765 along with this I said yes then she said let me check it and found nothing.
    She has created one service request for me and asked me to wait another 45 days.

    Meanwhile I told this matter to my Attorney and he told me not getting receipt is normal and I could have asked you to wait till October 15�th but you are there in the system and why they have stopped processing you applications looks strange to me also applications is not been rejected. So he told me that he will write letter to USCIS director to investigate this issue and assured me that as long as we are in their system so don�t have to worry but he told me that if Director don�t respond in one month�s time then we will go to court but he is optimistic that situation may not go to that.

    If anyone of you in similar situation please let me know.

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  • spdy_mn
    06-29 05:44 PM
    Conspiracy? DOS is part of bush administration. And since the president is dissapointed because of CIR. He wants a back lash from immigrant community?

    Probably they wanted to raise $4.4 billions for border security through us. Since there is no need for that money now that CIR failed they are going back to status quo.

    07-10 04:43 PM
    So USCIS will never see the flowers becoz they are boxed.. and they will never get delivered becoz they are being routed from the airport itself. No major news media covered the few deliveries at USCIS.. What was the point of the campaign again?
    In the past week, the "Protest Blooms" campaign notched up the following wins:
    Times of India article
    Buzz in the blogosphere
    Attention from many attorney websites and blogs
    Had a Washington Post journalist show interest in our issue and had tens of our members talk to her - which should result in a good article. How many times have we seen so many regular members of IV being able to speak to a reporter of a mainstream US publication on our issues?
    Had a senior Reuters editor talk to many of us and he promised a sustained coverage of our issues
    Had a senior reporter from New York Times talk to me
    Had the footage of this entire event shown on CNN in India
    Had many small media outlets which never cover these kind of issues, cover it (in smaller towns in MN and NY)
    Created a sense of action in the community which was feeling pretty dejected after the USCIS fiasco
    Had USCIS director react to us
    Had so much interest generated that the IV website was brought down ;)And all this was accomplished with a severe time crunch.
    Was the point of this campaign to have our flowers be decorated on the desk of the director of USCIS? I don't think so. The word again was "symbolic" and that purpose is served whether the flowers are in boxes or in full view of the world.

    Would it have made for better visuals if the flowers were in full view? Sure. Is there a way to improve upon every campaign? Sure.

    Like Nixstor said, lets learn from what went right and what went wrong to work on other events for the next time, instead of passing judgment and sarcastic comments from a high perch. I don�t object to your right to not participate in an event that in your view will not work. I do object to your comments which belittle the efforts of so many on this forum.

    01-24 12:58 PM
    With all due sympathies, this is one of the funniest posts I have read in a long time....It helps to lighten up a bit every now and then considering we are all in this for a long haul...

    Anyway, just wanted to let you know that I went through London back in 2004 and my experience was completely different. I went to the NYC consulate to get my TV for $50, yes just $50 and the whole paper work etc was done in less than 30min and I had to go back after 2 hours to collect my passport with a 1 year multiple entry stamped on it.

    My point being, I think they have changed a lot of rules and made it more stringent after the recent security threats etc.

    Getting a GC soon is our saviour

    I had the misfortune of travelling thru London in December on my way to Mumbai. After I purchased my tickets, I learnt that I need a transit visa (TV) for UK. (Who is going to tell them (UK) that they are no longer the center of attraction esp. if you have lived and worked in US). Anyway, as per the rules, you need a transit visa if you don�t have a valid US visa. (Note: If you have AP, and don�t have a valid visa, you still need a TV).

    I went to their site and did all the research to get a TV. Good god Heavens! Has anyone filled out their painful form for a TV? Besides asking the usual details, they get extremely nosy. They want to know each and everything about you. Where you work, what money do you make, name of your wife, kids and their citizenship status, name of your father and mother and where they were born, their birth date, how much money you have and where the money is (stocks, bonds, CDS) etc. etc. While filling up the form I realized that, even my future father in law did not pose so many probing questions to me. (Please note: I don�t mind answering these silly questions for a regular visa, but for the damn TV, it is certainly overkill).

    Anyway to cut the long story short. The regular cost of TV is/was $92. However, when I filled up the application form they were asking for $184. (The satisfaction of getting a good deal on the tickets was quickly evaporating). I assumed I must have made a mistake in thinking the cost to be $92 and reluctantly paid $184. Next it was time to fill the application for my wife and answer the idiotic questions again. You should have seen the �I will kill you right now� look on my wife�s face after I woke her up in the middle of night and asked details about her parents. After I filled up the form, to my surprise, now they were asking $274 for visa fees. It was already 2:00 am and I have no choice but to painfully enter my credit card details, hoping that they would realize the mistake in their recon process and would reimburse the difference. (Of course, I was only dreaming).

    It is now almost the end of January and I have still now received any money from them. I have tried sending several email to the emb(ass)y, but none of their emails work. I get bounced email for all the emails that I have used. I have tried calling them and left messages and no one has called back. I have send emails to my credit card company and the people who processed the payment and none of them have been able to help me. There is a way to talk to someone in the emb(ass)y, but you need to dial a 900 number, which BTW costs $2.49 per minute. Throwing good money after bad is not an option.

    I just wanted to share this experience with you and remind you of the pain ahead, if you are travelling thru UK and don�t have a valid US visa. Personally, even if they had charged me the regular $92, I will still use other options to travel next time. The amount of time wasted in filling the crappy application form, going to NY, (starting Dec doing your finger prints) is simply too much to handle. Visiting your motherland/fatherland is a very special occasion and all these intermediate steps certainly water down the �good feeling� that you experience during the days leading to your trip.

    I haven�t given up my quest for a refund, but now, not only I want my money back I would like to bring back home the Koh-i-noor too.

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